Commission II Of The DPR Calls The Constitutional Court's Decision Regarding The Establishment Of The ASN Supervisory Institution As If To 'Mendikte' The President

JAKARTA - Member of Commission II of the Indonesian House of Representatives, Ahmad Irawan, responded to the decision of the Constitutional Court which ordered the establishment of an independent supervisory agency for the state civil apparatus (ASN). Irawan said that the Constitutional Court's decision seemed to want to dictate all policies of President Prabowo Subianto.

"My opinion is on the Constitutional Court's decision, that the Constitutional Court seems to be 'dicting' the President. To whom the President has constitutional authority, to delegate or what institutions must be formed to run the government," Irawan told reporters, Friday, October 17.

Irawan assessed that the decision was also inappropriate from a constitutional point of view. In fact, according to him, it became a form of 'abusive judicial review' which was again carried out by the Constitutional Court.

Irawan then reminded that the President holds government power as referred to and regulates Article 4 paragraph (1) of the 1945 Constitution as an authority directly from the constitution.

"So for the DPR, from the beginning it was understood that the mandate or delegation of the President's authority would be placed in BKN and/or Kemenpan RB or forming/deleting supervisory institutions such as the apparatus commission is the authority and full authority of the President," he said.

Irawan also highlighted the order of the Constitutional Court to immediately form an independent institution within a maximum of 2 years, since this decision was enacted. He emphasized that constitutional politics depends on the President and the DPR RI.

Moreover, said Irawan, forming a new state institution that is complementary in nature (state auxiliry organs) is an open legal policy that must obtain mutual approval between the President and the DPR.

"The constitutional logic built by the Constitutional Court that policy makers, policymakers and policy supervisors must be carried out by different institutions will make our state institutional arrangement problematic," explained Irawan.

"Even though the elimination or downsizing of institutions is a reasonable step, especially if it is intended for efficiency and performance improvement," continued the legislator from the East Java V electoral district.

As is known, the Constitutional Court (MK) granted part of the Association's lawsuit for Elections and Democracy (Perludem), the Regional Autonomy Implementation Monitoring Committee, and Indonesia Corruption Watch (ICW) regarding the elimination of the State Civil Apparatus Commission (KASN). The Constitutional Court ordered the government to make an independent institution to supervise ASN after KASN did not exist.

In the trial for the pronouncement of the verdict on Thursday, October 16, Chief Justice of the Constitutional Court Suhartoyo said an independent institution must be formed immediately. The Constitutional Court also gave a maximum time limit of 2 years in establishing the institution